Contact Browser ver 4.0 Copyright (C) 1994-1997 Moore Software Solutions All Rights Reserved ---------------------- Registered User License ---------------------- READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING MOORE SOFTWARE SOLUTIONS' DOCUMENTATION, SOFTWARE AND ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU AND BY USING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND MOORE SOFTWARE SOLUTIONS (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. THIS SOFTWARE IS NOT FOR SALE: The software is subject to the following license terms and conditions. SOFTWARE LICENSE is granted by Moore Software Solutions, (mailing address P.O. Box 501783, San Diego, CA 92150-1783), when required fees are paid. The software contained in this package is licensed to you as the end user. It is not sold. LICENSE: 1. The software contained in this package (hereafter referred to as "The Product") is copyrighted material owned by Moore Software Solutions. Payment of the license fee authorizes use the Software on a single computer provided this copyright is not violated and provided the rules outlined herein are observed. 2. USE OF THE PRODUCT. Use by more than a single individual on a network is permitted provided the Software is installed on only one computer. You must pay for additional copies of the Software if the Software is used on two or more computers. This license can be transferred only once in any twenty-four hour period. You may not make any changes or modifications to the Software, including, but not limited to, decompiling, disassembling, or other- wise reverse engineering it. You may not rent or lease it to others. 3. COPYING REGISTERED COPIES OF THE PRODUCT. When you receive a Registered Copy of the Product you may make copies of the Product which are necessary for normal backup purposes only. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies or registration codes to others. 4. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL MOORE SOFTWARE SOLUTIONS, OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. GOVERNING LAW. This license Agreement shall be construed and governed in accordance with the laws of the State of California, USA. 6. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 7. SEVERABLILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 8. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. ----------------- Shareware License ----------------- For ordering information, see the file ORDER.TXT READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING OR DISTRIBUTING MOORE SOFTWARE SOLUTIONS' DOCUMENTATION, SOFTWARE AND ADDITIONAL MATERIALS (THE "PRODUCT"). THE PRODUCT IS COPYRIGHTED AND LICENSED (NOT SOLD) TO YOU AND BY USING OR DISTRIBUTING THE PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD NOT USE OR DISTRIBUTE THIS PRODUCT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PRODUCT BETWEEN YOU AND MOORE SOFTWARE SOLUTIONS (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. 1. EVALUATION PERIOD. You may use a Shareware Copy of the Product for an evaluation period of up to 21 days, in order to determine whether the Product meets your needs before purchasing it. Once the evalua- tion period ends, you agree to either purchase a Registered Copy of the Product, or to stop using it. If you have ordered a Registered Copy of the Product from us, you may continue to use your Shareware Copy until your Registered Copy arrives. 2. USE OF THE PRODUCT. While you are evaluating the Product, you may use it on as many computers as are required to perform your evalua- tion. Your 30-day evaluation period begins when you first install the Product on one or more computers for evaluation purposes. Once the evaluation period is over and you purchase the Product, you may only use the product on one computer at a time. You may install the product on more than one of your computers as long as there is no possibility of the product being used at the same time on different computers. For multiple system licenses please contact Moore Software Solutions for special pricing. You must not (a) defeat, or try to defeat, messages in the Product which encourage users to register; (b) modify or prepare derivative works of the Product; (c) or reverse engineer, decompile or disassemble the Product 3. DISTRIBUTING SHAREWARE COPIES OF THE PRODUCT. You may make copies of your full, unregistered Shareware Copy of the Product to give to others, however you may not sell Shareware Copies of the Product for a profit (shareware distribution companies may charge their normal shipping and handling fees). Please also note that distribution of the Shareware Version of Contact Browser may only be through the normal shareware distribution channels as a single package. You MAY NOT bundle shareware copies of Contact Browser with your freeware, shareware or commercial products unless you obtain a special Shareware Distribution License from Moore Software Solutions. Also, you may not: (a) distribute registered versions of the Product; (b) distribute updates of your product which may include the Product without using the latest version of the Product; (c) ship incomplete versions of the Product; (d) defeat, or try to defeat, messages in the Product which encourage users to register their software or actively discourage user registration in any other way 4. COPYING REGISTERED COPIES OF THE PRODUCT. When you receive a Registered Copy of the Product you may make copies of the Product which are necessary for normal backup purposes only. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies or registration codes to others. 5. LEGAL DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL MOORE SOFTWARE SOLUTIONS, OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. GOVERNING LAW. This license Agreement shall be construed and governed in accordance with the laws of the State of California, USA. 7. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 8. SEVERABLILITY. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 9. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.